Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17256 of 2019 Applicant :- Brij Kishore @ Pundan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Sarvesh Kumar Dubey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant-Brij Kishore @ Pundan in Case Crime No.623 of 2017, under Section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act,1986, Police Station-Saurikh, District-Unnao with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that based on the past alleged involvement of the applicant in solitary criminal case, he is being prosecuted under the Gangster Act. In the case shown in the gang-chart against the applicant, he has been granted bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.05.2017, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Brij Kishore @ Pundan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 25.4.2019 MN/-